K. Selvakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of February Two Thousand Sixteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.2605 of 2016 K. SELVAKUMAR ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THILLAI NAGAR, POLICE STATION, IN CR.NO. 04/2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SEVUGARAJA Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 08.01.2016, for the offences punishable under Sections 120(b), 406 and 420 I.P.C., in Crime No.4 of 2016, on the file of the respondent Police, seeks bail.

2. Heard Mr.R.Sevugaraja, learned counsel appearing for the petitioner /1st Accused and Mr.A.P.Balasubramani, learned Government Advocate (Criminal Side) appearing for the State.

3. On reading of the complaint, it appears that the de facto complainant was working under the petitioner / 1st Accused herein and thereafter he lodged the present complaint stating that the petitioner / 1st Accused had cheated him. The petitioner / 1st Accused in incarceration from 08.01.2016.

4. Taking into consideration the nature of allegations made against the petitioner / 1st Accused and the fact that except the present complaint, there is no other complaint against him, this Court is of the view that this is a fit case to grant bail to the petitioner / 1st Accused. Accordingly, he is ordered to be released on bail, subject to the following conditions:

(i) the petitioner / 1st Accused shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.IV, Tiruchirappalli.

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(ii)the petitioner / 1st Accused shall report before the respondent Police daily at 06.30 p.m., for a period of two weeks and thereafter as and when required for interrogation.

(iii) the petitioner / 1st Accused shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner / 1st Accused shall not abscond either during investigation or trial.

(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner / 1st Accused in accordance with law as if the conditions have been imposed and the petitioner / 1st Accused released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

5. The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the condition or not. sd/- 12/02/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV TIRUCHIRAPPALLI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TRICHY 3 THE INSPECTOR OF POLICE THILLAI NAGAR, POLICE STATION, 4 THE SUPERINTENDENT CENTRAL PRISON TRICHIRAPPALLI 5 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S R.SEVUGARAJA Advocate SR.No.8514.

ORDER

IN CRL OP(MD) No.2605 of 2016 Date :12/02/2016 AM/12.02.2016/NGM.SS/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/